Department of Transportation March 2010 – Federal Register Recent Federal Regulation Documents

This action proposes to modify the Norton Sound Low and Control 1234L Offshore Airspace Areas in Alaska. This action would lower the airspace floors to provide controlled airspace beyond 12 miles from the coast of the United States given that there is a requirement to provide Instrument Flight Rules (IFR) en route Air Traffic Control (ATC) services and within which the United States is applying domestic ATC procedures.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking re-approval of the following information collection activities that were previously approved by OMB under Emergency Clearance Procedures. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatements of previously approved collections.

On December 30, 2009, the Department of Transportation (DOT or Department) published a final rule that requires, among other things, that U.S. carriers adopt contingency plans for lengthy tarmac delays that include an assurance that a carrier will not permit an aircraft to remain on the tarmac for more than three hours in the case of domestic flights and for more than a set number of hours as determined by a carrier in the case of international flights without providing passengers an opportunity to deplane, with certain exceptions for safety, security or Air Traffic Control-related reasons. This rule becomes effective on April 29, 2010. Several airlines have requested an exemption from these requirements for operations at John F. Kennedy International Airport (JFK), for seven months in 2010 during which runway construction is expected to be under way at that airport and the rule will otherwise be effective, one airline has asked that operations at Newark Liberty International Airport (EWR) and LaGuardia Airport (LGA) be similarly exempted for the same time period, and another has requested that Philadelphia International Airport (PHL) be included in any relief granted by the Department. The Department is seeking comment on the exemption requests to assist it in deciding whether it should grant or deny these requests. The Department will publish a document in the Federal Register regarding its decision on the exemption requests after it has reviewed the comments submitted.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 222: Inmarsat Aeronautical Mobile Satellite (Route) Services.

Pursuant to a statutory mandate in the Cameron Gulbransen Kids Transportation Safety Act of 2007, NHTSA is placing a requirement in Federal Motor Vehicle Safety Standard No. 114 that certain motor vehicles with an automatic transmission that includes a ``park'' position manufactured for sale on or after September 1, 2010 be equipped with a brake transmission shift interlock (BTSI). This interlock must necessitate that the service brake pedal be depressed before the transmission can be shifted out of ``park,'' and must function in any starting system key position. The BTSI requirement adopted by this final rule is identical in substance to the Congressional requirement.

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Investigation of an uncommanded in-flight shutdown (IFSD) revealed that a third stage turbine wheel rupture was not contained by the turbine casings. The released portion consisted of a turbine blade together with the rim piece immediately below the blade. The rim piece was bounded by two adjacent axial slots and a fatigue crack that had developed between the holes in which the slots terminate. The slots and holes, which are closed by riveted plugs, were introduced by modification AB 173 in order to improve the vibration characteristics of the turbine wheel. Modification AB 208 brings an improvement to modification AB 173 by changing only the riveting detail. SN 283 72 0805 provides instructions for re-boring the holes at overhaul or repair in order to improve their surface condition. A manufacturing process modification has been introduced to improve the surface condition of these holes in third stage turbine wheels. Wheels subject to the improved manufacturing process have S/Ns outside the range specified in Table 1. Although there is only one known event, and although it resulted only in an uncommanded IFSD, with no damage to the aircraft, the possibility exists that additional events may occur, potentially involving damage to the aircraft.

The FAA is correcting a final rule published on February 1, 2010. In that rule, the FAA amended its regulations for sport pilots

We propose to supersede Airworthiness Directive (AD) 2009-24- 13, which applies to certain Cessna Aircraft Company (Cessna) Model 525A airplanes. AD 2009-24-13 currently requires you to repetitively inspect the thrust attenuator paddle assemblies for loose and damaged fasteners and for cracks. AD 2009-24-13 also requires you to replace loose or damaged fasteners and replace cracked thrust attenuator paddles found during any inspection. Since we issued AD 2009-24-13, Cessna has developed new design thrust attenuator paddles and universal head rivets as terminating action for the repetitive inspections. Consequently, this proposed AD would retain the requirements of AD 2009-24-13 until replacement of both thrust attenuator paddles and the eight countersunk fasteners with new design thrust attenuator paddles and universal head rivets. We are proposing this AD to detect and correct loose and damaged fasteners and cracks in the thrust attenuator paddles, which could result in in-flight departure of the thrust attenuator paddles. This failure could lead to rudder and elevator damage and result in loss of control.

This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition.

This document establishes the test procedures to be used by tire manufacturers in a new consumer information program to generate comparative performance information to inform consumers about the effect of their choices among replacement passenger car tires on fuel efficiency, safety, and durability. When this program is fully established, this information will be provided to consumers at the point of sale and online. This information will encourage the purchase of better performing replacement tires.

The Rail Safety Technology Program is a newly authorized program under the Rail Safety Improvement Act of 2008 (RSIA) (Pub. L. 110-432; October 16, 2008). The program authorizes the Department of Transportation to provide grants to passenger and freight rail carriers, railroad suppliers, and State and local governments for projects that have a public benefit of improved railroad safety and efficiency. The program makes available $50,000,000 in Federal funds. This grant program has a maximum 80 percent Federal and minimum 20 percent grantee cost share (cash or in-kind) match requirement.

We are revising an earlier NPRM for the products listed above. This action revises the earlier NPRM by expanding the scope. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Several cases of corrosion and damage on the Down Drive Shafts (DDS), between the Down Drive Gear Box (DDGB) and the Input Gear Box (IPGB), on all 10 Flap Tracks (5 per wing), have been reported by AIRBUS Long Range Operators. Investigations have revealed that corrosion and wear due to absence of grease in the spline interfaces could cause [DDS] disconnection which could result in a free movable flap surface, potentially leading to aircraft asymmetry or even flap detachment.

This action proposes to remove Class E airspace at Brunswick, ME, as the airport has closed and the associated Standard Instrument Approach Procedures (SIAPs) removed, and to establish Class E airspace at Wiscasset, ME, to accommodate the SIAPs developed for the airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at Wiscasset Airport, Wiscasset, ME.

The FAA is superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product, and results from the risk of engine fuel-to-oil heat exchanger (FOHE) blockage. The MCAI describes the unsafe condition as:

We are adopting a new airworthiness directive (AD) for certain Model 767-200, -300, and -300F series airplanes. For certain airplanes, this AD requires installing support hardware and modifying the interfacing wiring of the fuel quantity indicating system (FQIS) densitometer. For certain other airplanes, this AD requires replacing the existing hot short protector (HSP) on the FQIS densitometer with a new HSP. This AD also requires revising the Airworthiness Limitations (AWL) section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-22. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the center tank fuel densitometer from overheating and becoming a potential ignition source inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane.

The U.S. Government is providing notice that it is actively considering several mitigation options prior to changing the health status of Global Positioning System (GPS) satellite IIR-20M (satellite vehicle number 49SVN 49) from unhealthy to healthy. The potential mitigations are each designed to reduce the impact of the unique nature of the SVN 49 signal to a portion of the user segment. The mitigations are described in an Appendix posted in the public docket. The mitigations are intended only for use with the SVN 49 satellite and will not be implemented for any other GPS satellite. Responses from this public comment period will be considered during the final decision to choose which mitigation(s) to implement.

FMCSA announces receipt of applications from 27 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 223: Airport Surface Wireless Communications.

This action would remove Class D and Class E airspace areas at Panama City-Bay County Airport, Panama City, FL, as the old airport and control tower is scheduled to be closed. Controlled airspace will be established for the new airport under separate rulemaking.

This action proposes to establish Class E airspace for the Lucin VHF Omni-Directional Radio Range Tactical Air Navigational Aid (VORTAC), Lucin, UT, to facilitate vectoring of Instrument Flight Rules (IFR) traffic from en route airspace to Salt Lake City, UT. This action would enhance the safety and management of IFR operations for the Salt Lake City, UT area.

This action proposes to amend Class E Airspace at Mount Airy, NC, to accommodate the additional airspace needed for the Standard Instrument Approach Procedures (SIAPs) developed for Mount Airy-Surry County Airport. This action enhances the safety and airspace management of Instrument Flight Rules (IFR) operations at the airport.

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2010-0026 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the

As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD-2010-0030 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the